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~M~r a ty <br /> . <br /> <br /> Stephen K. Yamashiro Richard Wurdeman <br /> Mayor Corporation Counie! <br /> j,., R t r- k ~ ~ <br /> ~Oi Bi'd' L~.%L_3 <br /> ~~tftxttti "97 flPR 16 Pt1 2 27 <br /> OFFICE OF THE CORPORATION COUNSEL COUN?'~,' i=~!< <br /> !01 Aupuni Streeq Suite 325 • Hilo, Hawaii 96720.4262 • (808) 961-8251 • Fas (808~1J8622Y HAWAII <br /> 15 April 1997 <br /> TO: DOMINIC YAGONG <br /> Chair, Public Works Comma tee <br /> FROM: RICHARD D. WURDEMAN <br /> Corporation Counsel <br /> SUBJECT: USE OF SIDEWALKS FOR RESTAURANT PURPOSES <br /> This is in response to your request for comment on the <br /> application of Basil's Restaurant on Alii Drive, Kailua, for a <br /> sidewalk use permit to place tables on the public sidewalk <br /> fronting their establishment, to serve customers. <br /> It is our opinion that the present application is not <br /> appropriate in its present form. <br /> Several ordinances relate to the use of sidewalks in this <br /> County. Sec. 22-20 et. sea., HCC, provides a procedure for <br /> sidewalk use permits, but that procedure is limited to the "city <br /> limits of Hilo". Sec. 22-58 allows the placement of objects on <br /> sidewalk, upon approval of the Council, upon recommendation of <br /> the Civil Engineer. <br /> Whereas, Sec. 22-58 could provide for the placement of the <br /> street furniture which included in this request, provided that <br /> the Chief Engineer makes a recommendation and the Council finds <br /> it appropriate, the activity associated with this placement is <br /> questionable. <br /> The request, although not specific, seems to apply that normal <br /> restaurant table service will be provided, should it be <br /> granted. Sec. 22-31, HCC, prohibits inter alia the selling, <br /> offering for sale, of food by any peddler, or the solicitation <br /> of any orders by any solicitor or canvasses on sidewalks <br /> abutting Alii Drive. A peddler is defined as a person <br /> travelling by foot who carries food, offers the same for sale or <br /> who delivers same. HCC Sec. 22-29(1). A "solicitor" or <br /> "canvasser" is one who takes orders for goods for future <br /> delivery, while travelling on foot. HCC 22-29(2) a~q.O 3 , <br /> io~.•la. M~. <br /> F7~ 1'80. v~T <br /> SDI ~LY11.1~,~ <br /> m~F APR 1 6 ~ <br /> <br />